Legislation

Search OpenLegislation Statutes
This entry was published on 2020-06-19
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 2994-S
Remedy
Public Health (PBH) CHAPTER 45, ARTICLE 29-CC
§ 2994-s. Remedy. 1. Any hospital, attending practitioner that refuses
to honor a health care decision by a surrogate made pursuant to this
article and in accord with the standards set forth in this article shall
not be entitled to compensation for treatment, services, or procedures
refused by the surrogate, except that this subdivision shall not apply:

(a) when a hospital, physician, nurse practitioner or physician
assistant exercises the rights granted by section twenty-nine hundred
ninety-four-n of this article, provided that the physician, nurse
practitioner, physician assistant or hospital promptly fulfills the
obligations set forth in section twenty-nine hundred ninety-four-n of
this article;

(b) while a matter is under consideration by the ethics review
committee, provided that the matter is promptly referred to and
considered by the committee;

(c) in the event of a dispute between individuals on the surrogate
list; or

(d) if the physician, nurse practitioner, physician assistant or
hospital prevails in any litigation concerning the surrogate's decision
to refuse the treatment, services or procedure. Nothing in this section
shall determine or affect how disputes among individuals on the
surrogate list are resolved.

2. The remedy provided in this section is in addition to and
cumulative with any other remedies available at law or in equity or by
administrative proceedings to a patient, a health care agent appointed
pursuant to article twenty-nine-C of this chapter, or a person
authorized to make health care decisions pursuant to this article,
including injunctive and declaratory relief, and any other provisions of
this chapter governing fines, penalties, or forfeitures.